Fort Walton Beach Council minutes — 05-26-09 regular minutes — reading text

ISSUANCE OF UTILITY SYSTEM REVENUE BONDS The City Attorney read the ordinance by title. AN ORDINANCE AMENDING ORDINANCE 1633 OF THE CITY IN CONNECTION WITH ITS UTILITY SYSTEM REVENUE BONDS; SERIES 2005; APPROVING THE TREATMENT OF SEWAGE BY OKALOOSA COUNTY; MAKING CERTAIN FINDINGS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE 2005 BONDS; AND PROVIDING AN EFFECTIVE DATE.  205 Regular Council 05/ 26/ 09 ORD. 1802 ( CONT) The City Manager advised Ambac Assurance Corporation, the bond insurer, requested an ordinance amendment to include language to ensure they would get a return on the bond, and this language guarantees the interlocal agreement with the County for wastewater treatment services for the next 26 years. Discussion included the section of the ordinance that discusses the dismantling of the current treatment facility. John Hofstad, Utilities Director, explained that the plant needs to be dismantled as there will be no use for it once the interlocal agreement goes into effect. Mr. Hofstad noted it will take several years to dismantle the current facility, and that there is a provision in the lease with Eglin to restore sprayfields to pre- existing condition, and that portions of the plant will have to be dismantled in accordance with agreements the City already has. Also discussed was the plant's proximity to Santa Rosa Sound, and as a coastal community that is probably the reason for the language in the ordinance, and that this language was requested by the City's bond counsel. The City Attorney added the ordinance will probably be amended before first and second reading as it will be sent back to Ambac Assurance Corporation for their approval, so any motion should include that fact. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Reeves moved to approve Ord. 1802 on first reading to include anticipated amendments from the bond insurer. Mr. Nabors seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. The City Attorney advised she would discuss the issue of the proximity of the plant to Santa Rosa Sound and if it is superfluous the language can be deleted. ORD. 1785, EXTENSION OF DEVELOPMENT ORDERS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, TEMPORARILY PREEMPTING SECTION 13. 202D ( A/ K/A 13. 20. 1) DEVELOPMENT ORDER AND BUILDING PERMIT GUIDELINES AND SECTION 13. 312. H ( A/ K/A 13. 30. 12. H), EXPIRATION OF APPROVAL, OF THE LAND DEVELOPMENT CODE TO EXTEND VALIDITY OF CURRENT DEVELOPMENT ORDERS TO MARCH 30, 2012; PROVIDING THAT THIS ORDINANCE SHALL NOT BE CODIFIED; AND PROVIDING AN EFFECTIVE DATE AND SUNSET PROVISION. Samantha Abell, Senior Planner, advised the ordinance extends the validity of any development order, to include site plan approvals, certificates of concurrency, conditional uses, planned units developments and preliminary and final development plans, until March 30, 2012, and will automatically be repealed as of April 1 2012, unless readopted by Council. Ms. Abell informed that Council approved the ordinance for first reading on April 14, 2008; the CRA forwarded a recommendation of approval for two years, or March 30, 2011, rather than three years; and the MPB forwarded a favorable recommendation with no changes. 206 Regular Council 05/ 26/ 09 ORD. 1785 ( CONT) Ms. Abell clarified that the newly adopted Land Development Code allows the CRA Board to extend developments for 2 years, or 24 months, while in other sections of the City that does not hold true, and that is why the CRA Board amended the date as they did. It was also noted that this ordinance pertains only to the projects listed in the ordinance, including Joe & Eddie' s, Altavista, Alconese Terrace, First Baptist Church Parking Lot; Landmark Center, Sunrise on the Sound, and Harbour Place Apartments. The Mayor opened the public hearing. Michael Crew, 238 Miracle Strip Parkway, representing one of the projects, noted all of the projects in question are the good projects and will help economy, and extending the development orders will help in getting the projects going. Charles Scott, 205 Beachview Drive, stated he is a member of the MPB but is speaking as a citizen, and spoke in favor of the ordinance. Joyce Gossom, CRA Chairman, urged Council to consider the ordinance, and explained the CRA Board endorsed a two -year extension to keep consistency in the Code. As there was no one else who wished to speak, the public hearing was closed. Mr. Garvie moved to adopt Ord. 1785 on second reading. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. HISTORIC SITES BOARD APPOINTMENT Consideration of appointment to the Historic Sites and Structures Advisory Board. Mr. Holmes nominated Tracy Garvie, 319 Shell Avenue NE, to serve on the Historic Sites and Structures Advisory Board for an unexpired term beginning May 26, 2009 and ending October 28, 2012. Mr. Garvie advised he would abstain from the vote as Ms. Garvie is his daughter. As there were no further nominations, the Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Nabors, Patterson, and Rynearson in favor (Garvie abstained). EAR REPORT /PRESENTATION Council briefing on the Comprehensive Plan Evaluation and Appraisal Report. Samantha Abell, Senior Planner, discussed the process and timeline for completion of the Evaluation and Appraisal Report ( EAR), and informed the three major issues identified in the report include Growth and Development; Transportation; and Housing. Ms. Abell advised the City has until November 13, 2009, to complete the process to update its comprehensive plan, and that all elements will be considered for first reading at a meeting scheduled for November 24, 2009. Upon compliance, the Florida Department of Community Affairs must issue a Notice of Intent to find the Plan in compliance.  207 Regular Council 05/ 26/ 09 CITY MANAGER REPORTS The City Manager gave a status report on leased surplus City property and advised that maps identifying all City property, with associated zoning, have been created; that a meeting with the EDC has been held regarding developing a fair market strategy for the renewal of all leased property; and that the EDC has been directed to research the fair market value for those leases due to expire. In addition, a special meeting will be scheduled for June 2, after the Executive Session, to discuss the Emerald Coast Wildlife Refuge lease. CITY ATTORNEY REPORTS —LITIGATION STATUS REPORT The City Attorney informed this is an information item regarding cases being handled for Code Enforcement and will be presented as an informational item to Council once a quarter. CITY VS. HIGHLAND CANINE TRAINING, LLC The City Attorney advised this is a case for action, City of Fort Walton Beach v. Highland Canine Training, LLC, to give approval of the settlement. Police Chief Ted Litschauer explained one of the trained drug canines purchased from Highland Canine Training failed to perform drug detection and tracking and is not suitable for work as a police narcotics /tracking canine. The City tried without success many remedial actions with Highland to correct the problems, and the City eventually filed suit to recover the costs of the dog or for her replacement that is suitable for police narcotics /training. Highland Canine is offering to give the City two female puppies in exchange for the City dismissing its lawsuit, and Chief Litschauer has agreed that this settlement would benefit the City. The puppies will be trained locally with the assistance of the Sheriff's Department; one puppy will be given to the Sheriffs department in exchange for the training of the puppy the City will keep. Mr. Garvie moved to settle the lawsuit City vs. Highland Canine Training 2008 -CC -2864, by the City dismissing the suit upon receipt of two malinois puppies from Highland Canine. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. MAYOR/ COUNCIL COMMENTS Councilman Garvie mentioned the heartwarming ceremony at the cemetery for Memorial Day; mentioned the homeless management information system that will be put in to transmit information between different agencies; mentioned the Community Development Corporation purchased property on Lovejoy with a June 8, 2009 opening of the facility called " Opportunity Place" as a transitional home for homeless families; and mentioned he represented the Mayor at a service at Northwest Florida State College with a group of young students of Japanese origin seeking peace. Councilman Reeves commented it is great for the community that there is so much help for the homeless that there is a need for a computer system to keep up with all the benefits they receive. Councilman Miller brought up the motion made at the May 12, 2009 Council meeting to continue the CRA Board as currently and mentioned there are members who have business interest in the CRA district who should have declared their interest before they voted. The City Attorney noted Mr. Miller is referring to a conflict of interest and the only time they can abstain from voting on Council is if they have a conflict of interest which is usually financially driven and would have to have an interest in the vote that is different that the general population. i Regular Council 05/ 26/ 09 MAYOR/ COUNCIL COMMENTS ( CONT) The City Attorney gave an opinion that because they own property, rent, or own a business that it would not be a conflict of interest regarding a vote on the board itself. She said if it was dealing with a particular piece of property it might cause a conflict. She did not know a reason why they would have to make a declaration before the vote because it was not a quasi-judicial proceeding and unless they had a financial interest they would be required to make a disclosure and file the proper paperwork. Councilman Miller mentioned the EDC meeting he and Mr. Patterson attended on Thursday where there was a briefing on what will happen when the army comes to town. Councilman Holmes recognized Missy McKim for the work put into the Chester Pruitt Park. Councilman Patterson mentioned the army's top concern is employment for their spouses. The Mayor mentioned his trip with the Northwest Florida Defense Coalition to Washington D. C. and conversations with representatives, congressmen, and senators about a catastrophic fund in Florida to cover natural disasters, a VA center in the area, and the Supplemental Environmental Impact thStatement on the Joint Strike Fighter that will be out in June /July. He mentioned on June 11